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stimulate appetite. In asthma patients, several studies have shown that THC acts as a bronchodilator and reserves bronchial constriction (Rosenthal 68). In treating epilepsy, marijuana is used to prevent both grande mal and other epileptic seizures in some patients. Marijuana also limits the muscle pain and spasticity caused by multiple sclerosis and it relieves tremor and unsteady gait. Lastly, marijuana has been clinically shown to be effective in relieving muscle spasm and spasticity (Rosenthal 69). History of Marijuana Laws The hemp plant was once a widely cultivated plant in the New World by settlers.
It has been known for centuries that the fiber from the hemp plant is very useful in making ropes. Therefore the cultivation of the hemp plant was encouraged and much needed. The first law concerning the hemp plant was passed in 1619 by the Virginia Assembly, urging farmers to grow the crop for its fiber. There was virtually no significant legislation passed concerning the hemp plant until the 1900’s. It was at this time when American attitudes towards Mexicans became hostile. Marijuana obtained a foul reputation when Mexican peasants crossed the border into Texas.
It was widely used by Mexican peasants as an intoxicant. The Texas police claimed that marijuana caused these Mexican settlers to commit violent crimes. Therefore in 1914, the first ban on possession of marijuana was passed in El Paso, Texas (Potter 97). Many other states followed Texas, and in 1937, Congress passed the Marijuana Tax Act. This law made the possession of marijuana illegal anywhere in the United States.
During the McCarthy era, the Boggs Acts were passed to define mandatory minimums for the possession of marijuana. Congress moved to an even stronger position in 1956 by lengthening these mandatory minimum sentences. Anti-marijuana feelings continued to grow, and state laws often imposed stricter penalties than the federal penalties (Potter 98). In the 1960’s, however, a strange phenomenon began to occur. For the first time in history, marijuana use began to rise amongst the white middle class.
Many mandatory sentences were called to be repealed. This was seen in the Comprehensive Drug Abuse Prevention and Control Act of 1970. Most of the states followed the federal government, and the possession of marijuana was decriminalized. However in the 1980’s the government once again changed its mind, with the passage of the Anti-Abuse Act of 1986, which once again imposed mandatory minimum sentences for a wide range of drug offenses (Potter 101).
The last major piece of legislation passed by the federal government (not state governments) was in 1996, which stated that any American convicted of a marijuana felony may no longer receive federal welfare or food stamps (Potter 101). How a Bill Becomes a Law The ultimate goal for a special interest group would be to have a law passed by the federal government either legalizing marijuana, or keeping marijuana illegal. A bill or proposal for a law can originate in either the Senate or the House of Representatives of the United States Congress. Both houses must pass the law in its exact form, and then the president must sign it.
If a group wants marijuana to be legalized on the federal level, it must contact a specific committee within the House or Senate. The proposal would go to a highly specialized sub-committee within the committee itself for hearings, revisions, and approval. Next the bill would again go back to the original committee for any further revisions. If the whole committee approves the bill, then it goes before the Rules committee. This is the committee that is responsible for setting actions for a debate. After the debate, if the bill is approved, then it is submitted to the Senate.
In the Senate, similar proceedings would occur and leadership would schedule action and the bill would be debated. If the Senate approves it, any differences are worked out by conference with the House. The final version of the bill would finally go back to both the Senate and the House for approval. Then it will go to the President who may either opt to sign the bill or veto it. If the bill is signed, it becomes a law, and it is enforced throughout the nation.
If the President vetoes the bill, Congress may override the veto with a two-thirds majority in each house. This would then turn the bill into a law. Advocates for Legalization (Interview with Charles Garner) A major advocate for the legalization of marijuana is the Drug Policy Foundation (DPF). It is an independent, non-profit organization with over 23,000 supporters that publicizes alternatives to current drug strategies.
The current annual budget for DPF is just over $3 million. DPF believes that the current policy on drugs is not working: It erodes individual rights, is extremely expensive, creates a new class of criminals, subsidizes a violent black market, does not control drug use trends, and ignores the health aspect of drug use. The major objectives of DPF are: Harm reduction: policies that help drug users to help themselves, such as needle exchange programs, which can lower the risk of spreading deadly diseases like HIV/AIDS. Decriminalization: selectively enforcing the laws on the books to focus on major drug offenders, as in Holland. Medicalization: allowing doctors to prescribe otherwise illegal drugs to patients under certain conditions, as is the case now in Arizona and California, and also allowing doctors to maintain an addict as in Great Britain and Switzerland.
Legalization: making drugs available to adults in a regulated market, similar to U.S. alcohol laws. DPF tries to propose its solutions by means of: Public education: promoting alternatives to the drug war in its publications and by providing information to the public, the media, and government officials. Conferences: DPF hosts an annual conference for the public, policy-makers, public health workers, and medical and legal professionals.
This ranges from media seminars to special interest group training sessions. Public Policy: Through its Public Policy Office, DPF seeks to change America’s drug laws by monitoring and analyzing Congressional legislation, informing the public and DPF membership about legislation through Action Alerts and the monthly newsletter on legislation. Grants: to fund a variety of programs and projects in the field of drug policy. Examples include needle exchange programs, pioneering drug treatment services, as well as some research and advocacy projects. Advocates Against Legalization (Interview with Jeffery Kluger) Drug Watch International (DWI) is a volunteer, non-profit information network and advocacy organization, which promotes the creation of healthy drug-free cultures in the world, and it opposes the legalization of drugs.
It has about 13,000 members in 15 countries worldwide with a budget of $1.3 million annually. The organization upholds a comprehensive approach to drug issues involving prevention, education, intervention/treatment, and law enforcement/interdiction. In its mission statement, DWI writes: The illegal or harmful use of psychoactive or addictive drugs is a major threat to all world communities and future generations. The mission of DWI is to provide accurate information on both illicit and harmful psychoactive substances, promoting sound drug policies based on scientific research, and opposing efforts to legalize or decriminalize drugs. The major methods used by DWI are: Support clear messages and standards of no illegal use of alcohol, tobacco and other drugs, and no abuse of legal drugs or substances for adults or youth. Support comprehensive and coordinated approaches that include prevention, education, law enforcement, and treatment in addressing issues regarding alcohol, tobacco, and other drugs.
Support strong laws and meaningful legal penalties that hold users and dealers accountable for their actions. Support international treaties and agreements, including international sanctions and penalties against drug trafficking, and oppose attempts to weaken international drug policies and laws. Support adherence to scientific research standards and ethics that are prescribed by the world scientific community and professional associations in conducting studies and review on alcohol, tobacco and other drugs. Support efforts to prevent availability and use of drugs, and oppose policies and programs that accept drug use based erroneously on reduction or minimization of harm. BIBLIOGRAPHY Abel, I.
L. Marihuana : The First Twelve Thousand Years. New York : McGraw Hill, 1982. Garner, Charles. Personal Interview.
May 21, 1998. Kluger, Jeffery. Personal Interview. May 16, 1998. Nahas, Gabriel G. Marihuana, Biological Effects.
Illionois : Univeristy of Illinois Press, 1986. Potter, Beverly. The Healing Magic of Cannabis. California : Ronin Publishings, Inc., 1998.
Randall, Robert C. The Patients Fight for Medicinal Pot. New York : Thunders Mouth Press, 1998. Roffman, Roger A. Marijuana as Medicine.
Washington : Madrona Publishers, Inc., 1982. Rosenthal, Ed. Why Marijuana Should Be Legal. New York : Thunder’s Mouth Press, 1996. Bibliography Abel, I. L.
Marihuana : The First Twelve Thousand Years. New York : McGraw Hill, 1982. Garner, Charles. Personal Interview.
May 21, 1998. Kluger, Jeffery. Personal Interview. May 16, 1998. Nahas, Gabriel G.
Marihuana, Biological Effects. Illionois : Univeristy of Illinois Press, 1986. Potter, Beverly. The Healing Magic of Cannabis.
California : Ronin Publishings, Inc., 1998. Randall, Robert C. The Patients Fight for Medicinal Pot. New York : Thunders Mouth Press, 1998.
Roffman, Roger A. Marijuana as Medicine. Washington : Madrona Publishers, Inc., 1982. Rosenthal, Ed. Why Marijuana Should Be Legal. New York : Thunder’s Mouth Press, 1996.
Legal Issues.
